With the increasing adoption of body-worn cameras in law enforcement, understanding the fees and legal procedures surrounding access to this footage has become crucial. In this comprehensive blog post, we explore the costs and process of obtaining a copy of body worn camera recordings.

The use of body-worn cameras (BWC) by law enforcement agencies has become increasingly popular over the past decade. The primary purpose of these devices is to provide transparency and enhanced accountability. As a result, there may be instances where the public, journalists, or other stakeholders need to access the footage from these cameras to gain insight into a specific event. While the fees to obtain this footage vary depending on the locality and governing laws, this post will guide you through the general cost framework and legal process to obtain a copy of body-worn camera recordings.

Understanding the Costs

The fees associated with accessing BWC footage can be influenced by several factors, including the following:

1. Activation Fees: In some instances, a flat fee or processing fee might be imposed by the law enforcement agency in charge of the BWC footage. This cost covers the retrieval and preparation of the footage for the requester. Activation fees can range from $25 to $100 or more, depending on the locality and complexity of the request.

2. Hourly Labor Fees: The time required to locate, review, and redact the requested footage can incur costlier hourly labor fees. Typically, these fees reflect the average salary of the staff responsible for processing the request and can vary widely based on the extent of the required work. In some cases, the hourly rate could be anywhere from $15 to $50 or more per hour.

3. Material Costs: The actual copying or transferring of the footage to a physical storage device may itself incur material costs. Common costs include the price of a USB flash drive or DVD on which the footage will be provided. These costs are generally nominal and can range from $5 to $25, depending on the storage format.

4. Shipping or Delivery Fees: Once the footage has been prepared and transferred to a physical storage device, there may be additional charges to ship or deliver it to the requester. Shipping costs vary widely based on the destination and chosen delivery service and typically range from $5 to $50 or more.

The Legal Process

To obtain a copy of body worn camera recordings, individuals must follow the legal procedures established in their jurisdiction. The following steps generally outline the process, although specific requirements may vary:

1. Locate the Governing Laws: In the United States, state and local sunshine laws, like the Freedom of Information Act (FOIA), govern the requester's right to access public records. These laws can help you determine the appropriate steps to retrieve the desired footage.

2. Submit a Request: Compared to other public records, obtaining BWC footage usually involves a more detailed and specific request. The requester should include information such as the date, approximate time, and location of the event, as well as any additional details that could help identify the corresponding footage or officer involved.

3. Fulfill Fee and Submission Requirements: Along with submitting the request, the requester should prepare to pay the associated fees. It is essential to contact the law enforcement agency or consult the governing laws to understand the appropriate fee structure and method of payment.

4. Wait for the Response: The law enforcement agency typically has a limited time frame to respond to the request as outlined in the governing laws. However, it might take several days or weeks for the agency to locate, review, and redact the requested footage. The requester should follow up regularly to stay informed about the request's status.

5. Review and Appeal: In some instances, the request might be denied in part or in whole based on specific legal exemptions. If necessary, the requester can appeal the decision and possibly seek legal assistance to gain access to the requested BWC footage.

Following these steps, as well as understanding the fees and legal procedures, can increase your likelihood of successfully obtaining body worn camera recordings. Moreover, it will enhance your ability to engage in the pursuit of accountability and transparency in your community.